Therefore, the defendant is obligated to pay to the plaintiff the total amount of 35,815,450 won of each of the above loans and damages for delay after the delivery date of the original copy of the payment order of this case.

2. Around December 2016, the Defendant asserted that the Plaintiff would extinguish the Defendant’s debt amounting to KRW 17,815,450 under the loan certificate (Evidence A) issued by November 7, 2016, and that the Defendant would destroy the loan certificate kept by the Defendant. The Defendant did not provide the Defendant with a loan certificate of KRW 16,98,00 on October 26, 2018, the loan certificate of KRW 18,000 on KRW 18,00 on January 31, 2019, and the loan certificate of KRW 17,815,450 on KRW 15,00 on the loan certificate was not included in the above loan certificate, and the Plaintiff did not provide the Defendant with a defense as to KRW 17,815,450 on November 7, 2016 on KRW 108,000 on October 16, 2018.

The waiver of a claim or exemption of a debt does not necessarily necessarily require an express declaration of intent, and it is also recognized in a case where it can be seen as the waiver of a claim or the exemption of a debt by means of the interpretation of a certain act or declaration of intent by a creditor, but for such recognition, the application of a claim must be determined by strict interpretation of an act or declaration of intent by a creditor in accordance with the contents

Supreme Court en banc Decision 2004Da50426 Decided February 15, 2007, Supreme Court Decision 2004Da27150 Decided April 15, 2005, etc.